Citation Nr: 0706304
Decision Date: 03/05/07 Archive Date: 03/13/07
DOCKET NO. 04-28 603A ) DATE
)
)
On appeal from the
Department of Veterans Affairs Medical Center in Togus, Maine
THE ISSUE
Entitlement to payment or reimbursement of unauthorized
medical expenses incurred on February 25, 2004, for emergency
room treatment at St. Joseph Hospital.
(The additional claim for service connection for a bilateral
shoulder disability, as secondary to service-connected
bilateral knee conditions, is addressed in a separate
decision.)
REPRESENTATION
Appellant represented by: Veterans of Foreign Wars of
the United States
ATTORNEY FOR THE BOARD
Jason A. Lyons, Associate Counsel
INTRODUCTION
The veteran had active military service from April 1966 to
April 1970.
This case comes to the Board of Veterans' Appeals (Board)
from a June 2004 decision of the Department of Veterans
Affairs Medical Center (VAMC) in Togus, Maine.
Unfortunately, for the reason set forth below, the Board
finds that further development is required before deciding
this claim, so it is being remanded to the Veteran's
Health Administration (VHA). VA will notify the veteran if
further action is required on his part.
REMAND
In his August 2004 substantive appeal (VA Form 9), the
veteran completed the appropriate designation for a
videoconference hearing before a Veterans Law Judge (VLJ) of
the Board -- meaning with him at the RO, and only the VLJ
here in Washington, D.C. Thus far, the veteran has testified
at a December 2006 videoconference hearing that concerned a
claim for service connection for a bilateral shoulder
disability, a different matter on appeal from the Togus
Regional Office (RO), but not this particular claim
originally considered and adjudicated by the Togus VAMC for
entitlement to the reimbursement of non-VA emergency medical
expenses. So a videoconference hearing must be scheduled
before deciding the instant appeal. 38 C.F.R. § 20.700(a)
(2006).
Accordingly, this case is REMANDED to the VHA for the
following action:
Schedule the veteran for a
videoconference hearing at the earliest
opportunity, and notify him and his
attorney of the date, time and location
of this hearing. Place a copy of this
letter in the claims file.
If, for whatever reason, he changes his
mind and withdraws his request for this
hearing or does not appear for it on
the date scheduled, also document this
in the claims file.
The veteran has the right to submit additional evidence and
argument concerning the claim the Board has remanded.
Kutscherousky v. West, 12 Vet. App. 369 (1999). This claim
must be afforded expeditious treatment.
The law requires that all claims that are remanded by the
Board of Veterans' Appeals or by the United States Court of
Appeals for Veterans Claims for additional development or
other appropriate action must be handled in an expeditious
manner. See The Veterans Benefits Act of 2003, Pub. L. No.
108-183, § 707(a), (b), 117 Stat. 2651 (2003) (to be codified
at 38 U.S.C. §§ 5109B, 7112).
______________________________________________
Keith W. Allen
Veterans Law Judge, Board of Veterans' Appeals
Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the
Board of Veterans' Appeals is appealable to the United States
Court of Appeals for Veterans Claims. This remand is in the
nature of a preliminary order and does not constitute a
decision of the Board on the merits of your appeal.
38 C.F.R. § 20.1100(b) (2006).